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02/28/2024 Municipal Code Enforcement Board Meeting Minutes February 28, 2024 City of Clearwater Main Library- Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 e Meeting Minutes Wednesday, February 28, 2024 1 :30 PM Main Library - Council Chambers Municipal Code Enforcement Board 1 City of Clearwater Municipal Code Enforcement Board Meeting Minutes February 28, 2024 Roll Call Present5 — Chair Greg Brown, Board Member Robert Kenne, Board Member David Farrar, Board Member C. Daniel Engel, and Board Member Duane Schultz Absent 1 - Board Member KerryAnn Rainey Also Present— Christine Murchie —Attorney for the Board, Jerrod Simpson —Assistant City Attorney, and Nicole Sprague — Secretary to the Board 1. Call To Order The Chair called the meeting to order at 1:30 p.m. at the Main Library, followed by the Pledge of Allegiance. 2. Approval of Minutes Member Engel moved to approve the minutes of the January 24, 2024 Municipal Code Enforcement Board meeting as submitted in written summation. The motion was duly seconded and carried unanimously. 3. Citizens to be Heard Regarding Items Not on the Agenda Arthur Bean said he conducted a feasibility study regarding the use of artificial turf in residential areas for his Capstone project and he presented his findings. Plans Examiner Jason Cantrell introduced Jon Nardin, Building Inspector, who is new to the City. 4. New Business Items 4.1 Continued from December 20, 2023 - Case 32-22 - Status Update regarding respondent(s) Coachman Creek Condo Assn. at 2625 SR 590 Bldg 5 in violation of Code for Unsafe Building. (Cantrell) Attorney Nick Pazanias said the major structural repairs are done. The hand railings on the front of the building and in the stairways and walkways need to be finalized. Temporary railings are currently installed. The contractor is waiting on a part for the exterior lighting, which should be installed in April. Member Farrar moved to have the inspector provide an update at the May 22, 2024 meeting. The motion was duly seconded and carried unanimously. 4.2 WITHDRAWN - Continued from January 24, 2024 - Case 02-24 - Find respondent(s) 2 City of Clearwater Municipal Code Enforcement Board Meeting Minutes February 28, 2024 RAD Diversified Reit Inc at 1108 Spencer Ave. in violation of Code for Roof Maintenance; and issue an order with the compliance deadline and fine if compliance is not met. (Jehnzen) Case 02-24 was withdrawn. 4.3 Continued from January 24, 2024, Continue to March 27, 2024 - Case 03-24 - Find respondent(s) Patricia De Priest at 1631 Tuscola Rd. in violation of Code for Exterior Surfaces; and issue an order with the compliance deadline and fine if compliance is not met. (Jehnzen) Case 03-24 was automatically continued to March 27, 2024. 4.4 WITHDRAWN - Case 07-24 - Find respondent(s) Tera Frazier at 1647 Cleveland St. in violation of Code for Residential Grass Parking; and issue an order with the compliance deadline and fine if compliance is not met. (Stephens) Case 07-24 was withdrawn. 4.5 Case 10-24 - Find respondent(s) G Michael Coppage and Miryam Coppage at 413 Lebeau St. in violation of Code for Portable Storage Units; and issue an order with the compliance deadline and fine if compliance is not met. (Kasman) No one was present to represent the Respondent. Inspector Kasman provided a PowerPoint presentation. A shipping container has been sitting on the property since last year. He said he reached out to a realtor whose sign is staked on the property. The realtor said she has contact with the property owner and will try to get the container removed. Member Farrar moved to find the Respondent in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Member Farrar moved to enter an order requiring the Respondent to correct the violations on or before March 28, 2024. If the Respondent does not comply within the time specified, the Board may order a fine of $150.00 per day per violation for each day each violation continues to exist. After 3 months from the recordation date of such lien, if the fines and fees remain unpaid, the City Attorney's office is authorized to foreclose, collect or settle such lien using any legal or equitable remedies available under the law. The motion was duly seconded and carried unanimously. 4.6 WITHDRAWN - Case 11-24 - Find respondent(s) C B W Management LLC at 425 3 City of Clearwater Municipal Code Enforcement Board Meeting Minutes February 28, 2024 Cleveland St. in violation of Code for Exterior Surfaces; and issue an order with the compliance deadline and fine if compliance is not met. (Kasman) Case 11-24 was withdrawn. 4.7 Case 12-24 - Find respondent(s) Robert Williams and Jacquelyn Plaska at 1606 N Osceola Ave. in violation of Code for Exterior Surfaces and Roof Maintenance; and issue an order with the compliance deadline and fine if compliance is not met. (Kasman) Robert Williams was present and admitted to the violation. Member Farrar moved to find the Respondent in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Kasman provided a PowerPoint presentation. He said there is rotting wood on the fascia and soffits and a hole in the rear of the structure. There exterior paint is peeling and has mildew. The roof shingles show water intrusion. In response to a question, Mr. Williams said health issues prevented him from finishing the repair work. Member Farrar moved to enter an order Farrar requiring the Respondent to correct the violations on or before April 24, 2024. If the Respondent does not comply within the time specified, the Board may order a fine of$150.00 per day per violation for each day each violation continues to exist. After 3 months from the recordation date of such lien, if the fines and fees remain unpaid, the City Attorney's office is authorized to foreclose, collect or settle such lien using any legal or equitable remedies available under the law. The motion was duly seconded and carried unanimously. 4.8 Case 13-24 - Find respondent(s) DHDD LLC at 131 Devon Dr. in violation of Code for Exterior Surfaces; and issue an order with the compliance deadline and fine if compliance is not met. (Kasman) Property representative Fred Grower was present and denied the violation. Inspector Kasman provided a PowerPoint presentation. He said he received a complaint that the front door was wide open. When he went to inspect he noticed water damage to the exterior surfaces. He emailed Mr. Gower with the items that needed to be addressed to bring the property into compliance. He said some work was done, the rotted wood 4 City of Clearwater Municipal Code Enforcement Board Meeting Minutes February 28, 2024 was painted over, but issue still existed. In response to questions, Mr. Gower said he didn't think the painted over rotted wood was an issue. The property looks nice from the street. Member Farrar moved to find the Respondent in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Member Farrar moved to enter an order requiring the Respondent to correct the violations on or before April 24, 2024. If the Respondent does not comply within the time specified, the Board may order a fine of$150.00 per day per violation for each day each violation continues to exist. After 3 months from the recordation date of such lien, if the fines and fees remain unpaid, the City Attorney's office is authorized to foreclose, collect or settle such lien using any legal or equitable remedies available under the law. The motion was duly seconded and carried with the following vote: 4.9 WITHDRAWN - Case 14-24 - Find respondent(s) Tarvin Home LLC at 180 Devon Dr. in violation of Code for Fences and Walls; and issue an order with the compliance deadline and fine if compliance is not met. (Kasman) Case 14-24 was withdrawn. 4.10Case 15-24 - Find respondent(s) Vivian Mouzon at 606 Fairmont St. in violation of Code for Exterior Surfaces, Roof Maintenance and Abandoned Building; and issue an order with the compliance deadline and fine if compliance is not met. (Dixon) Vivian Mouzon was present and admitted to the violation. Member Farrar moved to find the Respondent in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Dixon provided a PowerPoint presentation. He said utilities have been turned off at the property since October 2013. There is rotted wood on the exterior with siding falling off and some window framing is deteriorating. There is a dip in the roof over the enclosed front porch. The house is vacant and there have been no issues with illegal dumping or landscape. In response to questions, Ms. Mouzon's daughter said that her mother is 75 years old and on a fixed income. Repairing the home is not an option. She requested additional time to obtain demolition quotes. 5 City of Clearwater Municipal Code Enforcement Board Meeting Minutes February 28, 2024 Member Farrar moved to enter an order requiring the Respondent to correct the violations on or before June 26, 2024. If the Respondent does not comply within the time specified, the Board may order a fine of$150.00 per day per violation for each day each violation continues to exist. After 3 months from the recordation date of such lien, if the fines and fees remain unpaid, the City Attorney's office is authorized to foreclose, collect or settle such lien using any legal or equitable remedies available under the law. The motion was duly seconded and carried unanimously. 4.11 Case 16-24 - Find respondent(s) Nina Boykin, Jackson, Cornelia Est at 910 Engman St. in violation of Code for Parking in Side or Rear Setback and Abandoned Building; and issue an order with the compliance deadline and fine if compliance is not met. (Dixon) No one was present to represent the Respondent. Inspector Dixon provided a PowerPoint presentation. He said trailer has been removed. He said the utilities have not been on since July 2020. People are dumping garbage and parking on the property since nobody lives there. In response to a question, he said the property owner is elderly. Member Farrar moved to find the Respondent was in violation of the City of Clearwater Code as referred to in the affidavit in this case regarding the Parking violation, the violation was corrected prior to today's hearing, and to enter an order that no fine be imposed against the Respondent. If the Respondent repeats the violation, the Board may order a fine of up to $500 for each day the violation continues to exist. The motion was duly seconded and carried unanimously. Member Farrar moved to find the Respondent in violation of the City of Clearwater Code as referred to in the affidavit in this case regarding the Abandoned Building. The motion was duly seconded and carried unanimously. Member Farrar moved to enter an order requiring the Respondent to correct the violations on or before May 1, 2024. If the Respondent does not comply within the time specified, the Board may order a fine of $150.00 per day per violation for each day each violation continues to exist. After 3 months from the recordation date of such lien, if the fines and fees remain unpaid, the City Attorney's office is authorized to foreclose, collect or settle such lien using any legal or equitable remedies available under the law. The motion was duly seconded and 6 City of Clearwater Municipal Code Enforcement Board Meeting Minutes February 28, 2024 carried unanimously 4.12Continue to March 27, 2024 - Case 17-24 - Find respondent(s) Shawnte Turner and Mark Acevedo at 1142 Palm Bluff St. in violation of Code for Exterior Surfaces; and issue an order with the compliance deadline and fine if compliance is not met. (Dixon) Case 17-24 was automatically continued to March 27, 2024. 4.13Case 18-24 - Find respondent(s) Gilbert Jannelli at 1871 Douglas Ave. in violation of Code for Exterior Surfaces and Abandoned Building; and issue an order with the compliance deadline and fine if compliance is not met. (Dixon) Gilbert Jannelli was present and said he feels like the violations have been corrected. He said the building had been leased for storage for a long time. He did not have a Business Tax Receipt (BTR) or active utilities for the property because it is being used for storage. He is no longer leasing it for storage and has an active BTR and a signed lease. Inspector Dixon provided a PowerPoint presentation. He said the utilities were turned off in April 2021. He said new windows were installed in January and the building has been painted. Once the utilities are turned on and the building occupied, the property will be in compliance. Member Farrar moved to find the Respondent in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Member Farrar moved to enter an order requiring the Respondent to correct the violations on or before May 1, 2024. If the Respondent does not comply within the time specified, the Board may order a fine of $150.00 per day per violation for each day each violation continues to exist. After 3 months from the recordation date of such lien, if the fines and fees remain unpaid, the City Attorney's office is authorized to foreclose, collect or settle such lien using any legal or equitable remedies available under the law. The motion was duly seconded and carried unanimously 4.14Case 19-24 - Find respondent(s) Gilbert Jannelli at 1124 La Salle St. in violation of Code for Abandoned Building; and issue an order with the compliance deadline and fine if compliance is not met. (Dixon) Gilbert Jannelli was present and said he has a signed lease for the property effective March 1, 2024. The renters turned on the utilities. Inspector Dixon provided a PowerPoint presentation. Utilities have been City of Clearwater Municipal Code Enforcement Board Meeting Minutes February 28, 2024 off since 2013, they were turned on for 30 days in 2020, then shut back off. The property has been vacant for ten years. He said he can see the utilities are due to be turned on March 1st. Member Farrar moved to find the Respondent in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Member Farrar moved to enter an order requiring the Respondent to correct the violations on or before May 1, 2024. If the Respondent does not comply within the time specified, the Board may order a fine of $150.00 per day per violation for each day each violation continues to exist. After 3 months from the recordation date of such lien, if the fines and fees remain unpaid, the City Attorney's office is authorized to foreclose, collect or settle such lien using any legal or equitable remedies available under the law. The motion was duly seconded and carried unanimously 4.15Case 20-24 - Find respondent(s) Progress Residential Borrower 24 LLC at 712 Canterbury Rd. in violation of Code for Exterior Storage; and issue an order with the compliance deadline and fine if compliance is not met. (Stephens) No one was present to represent the Respondent. Inspector Stephens provided a PowerPoint presentation. He said roofing materials are being stored under tarps on the front lawn, buckets are stacked up near the fence, and a package of shingles was ripped open and sitting on the lawn. He said this is a rental property. Member Farrar moved to find the Respondent in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Member Farrar moved to enter an order requiring the Respondent to correct the violations on or before March 28, 2024. If the Respondent does not comply within the time specified, the Board may order a fine of $150.00 per day per violation for each day each violation continues to exist. After 3 months from the recordation date of such lien, if the fines and fees remain unpaid, the City Attorney's office is authorized to foreclose, collect or settle such lien using any legal or equitable remedies available under the law. The motion was duly seconded and carried unanimously. 4.16Continue to March 27, 2024 - Case 21-24 - Find respondent(s) Kimberly Home Inc at 8 City of Clearwater Municipal Code Enforcement Board Meeting Minutes February 28, 2024 1180 Grove St. in violation of Code for Exterior Surfaces and Roof Maintenance; and issue an order with the compliance deadline and fine if compliance is not met. (Stephens) Case 21-24 was automatically continued to March 27, 2024. 4.17WITHDRAWN - Case 22-24 - Find respondent(s) Weingarten Nostat Inc at 23654 US Highway 19 in violation of Code for Discontinued Signs; and issue an order with the compliance deadline and fine if compliance is not met. (Burgardt) Case 22-24 was withdrawn. 4.18WITHDRAWN - Case 27-24 - Find respondent(s) T A H 2017 2 Borrower LLC at 1309 Barry St. in repeat violation of Code for Parking Restrictions; and issue an order that a daily fine be imposed for each day the repeat violation(s) existed. (Jehnzen) Case 27-24 was withdrawn. 5. Old Business Items 5.1 Accept the Affidavits of Compliance as listed. 5.1.1 Case PNU2018-01026 -Affidavit of Compliance Muhammad Ilyas Khan 1131 Marshall St. Lot Clearing - Dixon 5.1.2 Case 74-22 - Affidavit of Compliance 1472 Pierce LLC 1472 Pierce St. Exterior Storage - Kasman 5.1.3 Case 100-22 - Affidavit of Compliance IM IN MUDD LLC 1275 Palm St. Lot Clearing - Dixon 5.1.4 Case 150-23 - Affidavit of Compliance David Smith-Gillespie Tre Aphrodite Coronis Tre 2583 Deer Rum Lot Clearing - Brown 5.1.5 Case 25-24 - Affidavit of Compliance Charlene Battle 1120 Palm Bluff St. Inoperative Vehicle - Dixon Member Schultz moved to accept the Affidavits of Compliance for Cases PNU2018-01026, 74-22, 100-22, 150-23, and 25-24. The motion 9 City of Clearwater Municipal Code Enforcement Board Meeting Minutes February 28, 2024 was duly seconded and carried unanimously. 5.2 Continued from January 24, 2024 - Case 66-23 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Cleveland Gulf to Bay LLC at 1417 Cleveland St. for Permits. (Espinosa) No one was present to represent the Respondent. Member Farrar moved to accept the Affidavit of Non-Compliance and issue an order that states after 3 months from the recordation date of such lien, if the fines and fees remain unpaid, the City Attorney's office is authorized to foreclose, collect or settle such lien using any legal or equitable remedies available under the law. The motion was duly seconded and carried unanimously. 5.3 Case 10-23 - Accept the Affidavit(s) of Non-Compliance for respondent(s) INXS VII LLC at 1365 Overlea St. for Unsafe Building. (Cantrell) No one was present to represent the Respondent. Member Farrar moved to accept the Affidavit of Non-Compliance and issue an order that states after 3 months from the recordation date of such lien, if the fines and fees remain unpaid, the City Attorney's office is authorized to foreclose, collect or settle such lien using any legal or equitable remedies available under the law. The motion was duly seconded and carried unanimously. 5.4 Case 125-23 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Oakmont Reserve Properties LLC at 3010 Oakmont Dr. for Lot Clearing and Public Health, Safety, or Welfare Nuisance. (Brown) No one was present to represent the Respondent. Member Farrar moved to accept the Affidavit of Non-Compliance and issue an order that states after 3 months from the recordation date of such lien, if the fines and fees remain unpaid, the City Attorney's office is authorized to foreclose, collect or settle such lien using any legal or equitable remedies available under the law. The motion was duly seconded and carried unanimously. 5.5 Case 81-23 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Robert Schoeller, Shawn Schoeller, and Tin Schoeller at 632 Drew St. for Exterior Surfaces. (Kasman) Shawn Schoeller was present. She said she has been working on the property but has been ill. She said she has someone who will be able to paint and pressure wash. She said most of the vines have been removed 10 City of Clearwater Municipal Code Enforcement Board Meeting Minutes February 28, 2024 from the structure. Inspector Kasman provided updated photographs. He said action has been taken, but painting still needs to occur and the tree growing out of the roof needs to be removed. Member Kenne moved to continue Case 81-23 for sixty days. The motion was duly seconded and carried with the following vote: Ayes: Chair Brown, Vice-Chair Farrar, Member Kenne, and Member Schultz Nays: Member Engel 5.6 WITHDRAWN - Case 49-23 - Accept the Affidavit(s) of Non-Compliance for respondent(s) Saint Laurent Holdings LLC at 1620 N Ft. Harrison Ave. for Exterior Surfaces and Door and Window Openings. (Dixon) Case 49-23 was withdrawn. 5.7 Continue to March 27, 2024 - Case 127-23 -Accept the Affidavit(s) of Non-Compliance for respondent(s) Dorothy Fraley at 1754 Apache Trl for Exterior Surfaces and Exterior Storage. (Dixon) Case 127-23 was automatically continued to March 27, 2024. 6. Other Board Action 7. Nuisance Abatement Lien Filings 7.1 Case 31-24 (PNU2024-00133) -Accept the Nuisance Abatement Lien for respondent(s) Karen Winter-Christy at 1184 S Duncan Ave. for Lot Clearing; and issue an order with the compliance deadline and authorize the City to mitigate the violation if compliance is not met. (Jehnzen) No one was present to represent the Respondent. Inspector Jehnzen provided a PowerPoint presentation. He said removed fence posts, cardboard boxes, and garbage cans have been sitting on the lawn. Miscellaneous items sit on a table in the driveway. Items get moved around the property, items are removed and additional items arrive. Some materials partially block the sidewalk. Nobody is living in the house. Member Farrar moved to enter an order finding the Respondent in violation of the City of Clearwater Code and requiring the Respondent to correct the violations within five days of the Board's written order. If the Respondent does not comply within the time specified, the City 11 City of Clearwater Municipal Code Enforcement Board Meeting Minutes February 28, 2024 may take all reasonable actions, including entry onto the property, to abate and maintain the nuisance, and charge the Respondent with the reasonable costs which will become a lien on the property. After 3 months from the recordation date of such lien, if the costs remain unpaid, the City Attorney's office is authorized to foreclose, collect or settle such lien using any legal or equitable remedies available under the law. The motion was duly seconded and carried unanimously. 7.2 Case 38-24 (PNU2024-00086) -Accept the Nuisance Abatement Lien for respondent(s) Patricia Kitchen and Roberta Frazier at 1215 Blanche B Littlejohn Trl for Lot Clearing; and issue an order with the compliance deadline and authorize the City to mitigate the violation if compliance is not met. (Dixon) No one was present to represent the Respondent. Inspector Dixon provided a PowerPoint presentation. He said the property is a vacant lot and is unmaintained. Member Farrar moved to enter an order finding the Respondent in violation of the City of Clearwater Code and requiring the Respondent to correct the violations within five days of the Board's written order. If the Respondent does not comply within the time specified, the City may take all reasonable actions, including entry onto the property, to abate and maintain the nuisance, and charge the Respondent with the reasonable costs which will become a lien on the property. After 3 months from the recordation date of such lien, if the costs remain unpaid, the City Attorney's office is authorized to foreclose, collect or settle such lien using any legal or equitable remedies available under the law. The motion was duly seconded and carried unanimously. 7.3 Case 39-24 (PNU2024-00087) -Accept the Nuisance Abatement Lien for respondent(s) Bertha Maxwell at 1113 LaSalle St. for Lot Clearing; and issue an order with the compliance deadline and authorize the City to mitigate the violation if compliance is not met. (Dixon) No one was present to represent the Respondent. Inspector Dixon provided a PowerPoint presentation. He said the lot is vacant and unmaintained. Member Farrar moved to enter an order finding the Respondent in violation of the City of Clearwater Code and requiring the Respondent to correct the violations within five days of the Board's written order. If the Respondent does not comply within the time specified, the City may take all reasonable actions, including entry 12 City of Clearwater Municipal Code Enforcement Board Meeting Minutes February 28, 2024 onto the property, to abate and maintain the nuisance, and charge the Respondent with the reasonable costs which will become a lien on the property. After 3 months from the recordation date of such lien, if the costs remain unpaid, the City Attorney's office is authorized to foreclose, collect or settle such lien using any legal or equitable remedies available under the law. The motion was duly seconded and carried unanimously. 7.4 Case 40-24 (PNU2024-00093) -Accept the Nuisance Abatement Lien for respondent(s) Cleveland St Prop 3 LLC at 14 N Lincoln Ave. for Lot Clearing; and issue an order with the compliance deadline and authorize the City to mitigate the violation if compliance is not met. (Stephens) No one was present to represent the Respondent. Inspector Stephens provided a PowerPoint presentation. He said dead vegetation and overgrowth is growing into the street and into the gutter. The lot is large with a lot of loose trash and possible transient activity. He said he was contacted via email by a property representative who said they just wanted to pay the fine. The property is littered with debris, trash, and vegetation. More items have appeared at the property since the Notice of Violation was posted. Member Engel moved to enter an order finding the Respondent in violation of the City of Clearwater Code and requiring the Respondent to correct the violations within five days of the Board's written order. If the Respondent does not comply within the time specified, the City may take all reasonable actions, including entry onto the property, to abate and maintain the nuisance, and charge the Respondent with the reasonable costs which will become a lien on the property. After 3 months from the recordation date of such lien, if the costs remain unpaid, the City Attorney's office is authorized to foreclose, collect or settle such lien using any legal or equitable remedies available under the law. The motion was duly seconded and carried unanimously. 13 City of Clearwater Municipal Code Enforcement Board 8. Adjourn Attest: Meeting Minutes February 28, 2024 The meeting adjourned at 3:13 p.m. (9)1 y7;'f�.wfw/l Chair, Municipal Code Enforcement Board Secreta to the B . and 14 City of Clearwater